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Legal Definitions - bodily heir
Definition of bodily heir
A bodily heir refers to a direct biological descendant of a person. This legal term is used in documents like wills, trusts, or deeds to specify that inheritance, property, or a title should pass exclusively to individuals who are related by blood, such as biological children, grandchildren, and subsequent generations. It emphasizes a direct genetic lineage, often distinguishing these heirs from adopted children, spouses, or other relatives who are not direct biological descendants.
Example 1: Inheritance through a Will
Mrs. Albright, a landowner, drafts her will to ensure her family farm remains within her direct bloodline. She includes a clause stating that the farm shall be inherited by her "bodily heirs." This means that only her biological children, and if they are no longer living, their biological children (her grandchildren), would be eligible to inherit the property. If Mrs. Albright had adopted a child, that child would typically be excluded from inheriting the farm under this specific wording, unless other provisions in the will explicitly included them.
Example 2: Establishing a Family Trust
The Sterling family creates a trust fund designed to provide educational scholarships for future generations. The trust document specifies that only the "bodily heirs" of the original founders are eligible beneficiaries. This ensures that the scholarships are reserved exclusively for individuals who are direct biological descendants of the Sterling family, thereby excluding spouses, adopted children, or other relatives who are not genetically linked to the founders.
Example 3: Succession of a Historical Title
In a historical context, a royal charter might dictate that a specific noble title and its associated ancestral lands can only be passed down to the "bodily heirs" of the current Earl of Blackwood. This provision ensures that the title and estate remain strictly within the direct biological lineage of the Earl, preventing it from passing to, for instance, a nephew who is not a direct descendant, or an adopted son, thereby preserving the bloodline's claim to the title and property.
Simple Definition
A "bodily heir" refers to a direct lineal descendant of a person, such as their children, grandchildren, and subsequent generations. This term is often used in wills or trusts to specify that property should pass exclusively to one's blood relatives, rather than to adopted children or other beneficiaries.